Mayeso v R (Criminal Cause 128 of 2018) [2018] MWHC 72 (20 June 2018)

JUDICIARY HIGH COURT OF MALAWI PRINCIPAL REGISTRY CRIMINAL DIVISION Homicide Cause No. 128 of 2018 FRANK MAYESO v THE REPUBLIC ORDER FOR RELEASE OF A PERSON ON BAIL (Justice Kamanga, 20th June 2018) UPON reading the applicant’s motion for bail and the documents filed in support of the motion; CONSIDERING that the applicant has been on remand detention since 2wMarch 2018, which is a period of almost 3 months, pending commencement o f his trial, and NOTING that there is no objection from the State to this motion This court being satisfied that in light of the law that there are no valid reasons for not granting bail in the circumstances obtaining herein, this court is of the opinion that the interests o f justice favour the release o f the applicant from detention on bail under the following conditions: 1. That the applicant be personally bonded to the court in the sum of K30,000.00 CASH; 2. That the applicant should secure two sureties, one being a blood or marital relation, who should be bonded to the court in the sums of K100,000.00 NOT CASH each, a. That the suitability of the said sureties will be examined by the Registrar of this court; 3. That after his release the applicant should report to the Officer in Charge of the nearest police station of his home within 7 days o f being discharged l ) then thereafter every fortnight. The applicant must inform the court and the respondent o f the name o f the police station where he has reported for bail within 14 days o f his reporting; 4. That the applicant should surrender to the Officer in Charge o f the said nearest police station mentioned in paragraph 3 any travel documents that he may have in his custody; 5. That the applicant should not leave the district where he will be reporting for bail or the jurisdiction without informing the Officer in Charge o f said nearest police station, as mentioned in paragraph 3, o f the destination of his travel and the duration thereof. 6. That the prosecution takes all the necessary procedural steps, by 31 July 2018, that would ensure that the homicide trial commences in the High Court including: filing and serving disclosures and charge sheet; the compliance with the provisions o f Chapters VIII or IX of the CP & EC in relation to committal o f the accused person for trial before the High Court. 7. The State and the defence should file and serve a schedule responding to s303(5) o f the CP & EC by 1st October 2018. 8. That the applicant should attend a plea and directions hearing before the High Court sitting at THYOLO at 9 am on the 17™ October 2018. Pronounced in open court this 20th day o f June 2018 at Chichiri, Blantyre. Dorothy nyaKaunda Kamanga JUDGE Case information Date o f hearing Mr. T. S. Chirwa Mr. C. B. Chitsime Applicant Ms. Mthunzi Ms. Million 20th June 2018. Legal Practitioner for the Applicant. Principal State Advocate for the Respondent. Absent /represented. Principal Court Reporter. Court Clerk. 2